You ask whether certain information is subject to required public disclosure under
chapter 552 of the Government Code. Your request was assigned ID# 141565.

The Texas Department of Public Safety (the "department") received a request for all
documents relating to a specified car accident. You claim that the requested information is
excepted from disclosure under sections 552.103 and 552.108 of the Government Code. We
have considered the exceptions you claim and reviewed the submitted information.

We note that the submitted information contains a peace officer's accident report. See
Transp. Code § 550.064 (officer's accident report). Because you have not informed us that
you have released a copy of the peace officer's accident report to the requestor, we will
address release of the report to the requestor.

However, a Travis County district court has issued a permanent injunction enjoining the
enforcement of the amendment to section 550.065 of the Transportation Code enacted by
section 13 of Senate Bill 1069. Texas Daily Newspaper Ass'n v. Cornyn, No. 97-08930
(345th Dist. Ct., Travis County, Tex., April 26, 2000). The district court has declared that
the law in effect prior to the passage of Senate Bill 1069 now governs and remains unaffected
by the permanent injunction. We have determined that the law in effect prior to the passage
of Senate Bill 1069 was section 47 of article 6701d, V.T.C.S.(2)

Section 47(b)(1) of article 6701d provides that:

The Department or a law enforcement agency employing a peace officer who
made an accident report is required to release a copy of the report on request
to:

. . . .

(D) a person who provides the Department or the law
enforcement agency with two or more of the following:

(i) the date of the accident;

(ii) the name of any person involved in the
accident; or

(iii) the specific location of the accident[.]

V.T.C.S. art. 6701d, § 47(b)(1). See Act of May 27, 1995, 74th Leg., R.S., ch. 894, § 1, 1995
Tex. Gen. Laws 4413.(3) Under this provision, a law enforcement agency employing a peace officer who made an accident report "is required to release" a copy of an accident report to a person who provides the law enforcement agency with two or more pieces of information specified by the statute. Id. In the situation at hand, the requestor has provided the department with the date of the accident, the name of a person involved in the accident, and
the location of the accident. Thus, you are required to release the information to the
requestor under section 47(b)(1) of article 6701d, V.T.C.S.(4)

You assert that the submitted information is excepted under section 552.108 of the
Government Code. Section 552.108(a)(1) excepts from disclosure information held by a law
enforcement agency or prosecutor that deals with the detection, investigation, or prosecution
of crime if release of the information would interfere with the detection, investigation, or
prosecution of crime. You state that the requested information relates to a pending criminal
case. Accordingly, we find that release of the requested information would interfere with the
detection, investigation, or prosecution of crime. See Houston Chronicle Publ'g Co. v. City
of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e.
per curiam, 536 S.W.2d 559 (Tex. 1976) (court delineates law enforcement interests that are
present in active cases). Therefore, we conclude that the department may withhold the
information under section 552.108(a)(1).

However, section 552.108 is inapplicable to basic information about an arrested person, an
arrest, or a crime. Gov't Code § 552.108(c). We believe such basic information refers to the
information held to be public in Houston Chronicle. 531 S.W.2d at 177. Thus, with the
exception of the basic front page offense and arrest information, you may withhold the
requested information from disclosure based on section 552.108(a)(1).(5) We note that you
have the discretion to release all or part of the remaining information that is not otherwise
confidential by law. Gov't Code § 552.007.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id.
§ 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling. Id.
§ 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney. Id.
§ 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.--Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for
costs and charges to the requestor. If records are released in compliance with this ruling, be
sure that all charges for the information are at or below the legal amounts. Questions or
complaints about over-charging must be directed to the General Services Commission at
512/475-2497.

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.

1. Because the repeal of a statute by a code does not affect an amendment of the statute by the same legislature which enacted the code, the amendment of section 47 of article 6701d, V.T.C.S. is preserved and given effect as part of the code provision. See Gov't Code § 311.031(c). In 1997, the Seventy-fifth Legislature enacted Senate Bill 898 and amended section 550.065 of the Transportation Code to conform to section 47 of article 6701d as enacted by the Seventy-fourth Legislature and repealed article 6701d. See Act of May 8, 1997, 75th Leg., R.S., ch. 165, § 30.125, 1997 Tex. Gen. Laws 327, 648-49.

2. Although the Seventy-fifth Legislature enacted Senate Bill 898 prior to the passage of Senate Bill 1069, Senate Bill 898 was not effective until September 1, 1997. See Act of May 8, 1997, 75th Leg., R.S., ch. 165, § 33.01, 1997 Tex. Gen. Laws 327, 712. Further, Senate Bill 1069 expressly provides that to the extent of any conflict, Senate Bill 1069 prevails over another Act of the Seventy-fifth Legislature. See Act of May 29, 1997, 75th Leg., R.S., ch. 1187, § 16(c), 1997 Tex. Gen. Laws 4575, 4583. If irreconcilable amendments are enacted at the same session of the legislature, the latest in date prevails. Gov't Code § 311.025(b). Because Senate Bill 898 was never effective and later amendments prevail, we conclude that section 47 of article 6701d, V.T.C.S. was the law in effect prior to the passage of Senate Bill 1069 regarding the availability of accident report information rather than section 550.065 as amended by Senate Bill 898.

3. We note that the text of amended section 47 of article 6701d is not found in Vernon's Revised Civil Statutes or in the Transportation Code. However, section 47 of article 6701d is published in the 1995 General and Special Laws of the 1995 Legislature at chapter 894, section 1.

4. We note that the submitted peace officer's accident report appears to be a preliminary report. To the extent that a final report exists, you need only release the final version of the report.

5. Because you may withhold the submitted information under section 552.108(a)(1), we need not address the applicability of section 552.103. Generally, basic information may not be withheld from public disclosure under section 552.103. Open Records Decision No. 362 (1983).